U.S. v. Adkins

Federal 7th Circuit Court
Criminal Court
Evidence
Citation
Case Number: 
Nos. 12-3738 & 12-3739 Cons.
Decision Date: 
January 31, 2014
Federal District: 
N.D. Ind., Hammond Div.
Holding: 
Affirmed and vacated in part and remanded
In prosecution on charges of attempt to possess heroin with intent to distribute and unlawful possession of firearm charges, Dist. Ct. did not err in admitting evidence that defendant made trip to Canada in unsuccessful attempt to obtain heroin, even though said conduct was not charged in indictment. Instant evidence was admissible to establish defendant’s knowledge regarding his possession of heroin in charged offense, where said trip to Canada was for purposes of obtaining same heroin that was found in stuffed snowman eight days later that formed basis of charged offense. Dist. Ct. erred, though, in imposing as special condition of supervised release with respect to defendant’s separate conviction on child pornography charge, that defendant not view or listen to any child pornography or sexually stimulating material, since said condition was too vague and overbroad.